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SHULER v. U.S.

No. 94-CF-1244.

677 A.2d 1014 (1996)

Anthony SHULER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 30, 1996.

Attorney(s) appearing for the Case

Dale Warren Dover, Washington, DC, for appellant.

L. Jackson Thomas, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher and Elizabeth Trosman, Assistant United States Attorneys, were on the brief, for appellee.

Before WAGNER, Chief Judge, and FARRELL and RUIZ, Associate Judges.

FARRELL, Associate Judge.

Appellant was found guilty by a jury of, among other things, first degree premeditated murder while armed (D.C.Code §§ 22-2401, -3202 (1989)). For that crime he was sentenced to imprisonment for thirty years to life. His primary argument on appeal is that the trial judge erred in refusing to instruct the jury on the lesser included offense of second degree murder while armed. Our decisions have stated the relevant test to be "whether...

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